A man who was injured in the Saturday car crash that killed wrecker driver Gary Dubose has filed a lawsuit against a Galveston woman implicated in the wreck.
Galveston attorney Jonathan Zendeh Del filed a lawsuit Monday against Dianna Hoyler, 52, of Galveston, on behalf of Eulogio Soto, seeking more than $1 million in damages, court records show.
Soto was struck by a state trooper’s patrol car after it was struck by a vehicle that had swerved off the Interstate 45 service road, Zendeh Del said.
Soto, who was in the hospital Monday with seven broken ribs and two cracked vertebrates, had been standing outside his car speaking with the trooper when he was struck and severely injured, the lawsuit asserts.
Hoyler has not been charged in connection with the crash and crash investigators had not named her as the driver of the car that left the road.
The driver of that car was still in the hospital Monday afternoon and officials with the Galveston County District Attorney’s Office said they planned to file charges upon her release.
“We have not determined which charge at this time,” Assistant District Attorney Patrick Gurski said.
Dubose, 58, the state trooper and several others were near The Daily News’ building just off the freeway service road because the trooper was citing Soto for a traffic violation, officials said.
The woman driving south along the service road swerved into the grass and, in some order, struck Dubose and slammed into the back of the trooper’s vehicle, officials with the Texas Department of Public Safety said.
Dubose’s coworkers said he had been standing behind and was hit by the trooper’s vehicle, but department officials said he had been between the woman’s vehicle and the trooper’s car.
An official accident report won’t be complete for several days, DPS Sgt. Stephen Woodard said Monday.
Dubose died at 10:05 p.m., shortly after the crash, officials with the medical examiner’s office said. The crash happened about 9:30 p.m., officials said.
The woman was transported to a hospital emergency room with injuries that didn’t appear to be life-threatening, officials said.
Former coworkers gathered at a roadside memorial Monday described Dubose as good-humored.
“He’d either make you laugh, or make you cry,” said Ken Ferguson, owner of Ken’s Towing & Collision Service, where Dubose worked on and off for about 22 years.